New Mexico § 51-1-19 - Unemployment compensation fund

§ 51-1-19. Unemployment compensation fund

A. There is hereby established as a special fund, separate and apart from all public

money, or funds of this state, an “ unemployment compensation fund ”, which shall be administered by the department exclusively for the purposes of this

section. The fund shall consist of: (1) all contributions collected and payments in lieu of contributions collected or

due pursuant to the Unemployment Compensation Law; (2) interest earned upon any money in the fund; (3) any property or securities acquired through the use of money belonging to the

fund; (4) all earnings of such property or securities; (5) all money received from the federal unemployment account in the unemployment trust

fund in accordance with Title 12 of the Social Security Act, 1 as amended; (6) all money credited to this state's account in the unemployment trust fund pursuant

to Section 903 of the Social Security Act, 2 as amended; (7) all money received or due from the federal government as reimbursements pursuant

to Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; 3 and (8) all money received for the fund from any other source. All money in the fund shall be mingled and undivided. B. The state treasurer shall be the treasurer and custodian of the fund and shall

administer the fund in accordance with the directions of the department and shall

issue checks upon it in accordance with such regulations as the secretary may prescribe. The state treasurer shall maintain, within the fund, three separate accounts: (1) a clearing account; (2) an unemployment trust fund account; and (3) a benefit account. C. All money payable to the fund upon receipt thereof by the department shall be forwarded

to the treasurer, who shall immediately deposit it in the clearing account. Refunds payable pursuant to Sections 51-1-36 and 51-1-42 NMSA 1978 shall be paid from the clearing account or the benefit account upon checks issued

by the treasurer under the direction of the department. After clearance thereof, all money in the clearing account, except as herein otherwise

provided, shall be immediately deposited with the secretary of the treasury of the

United States to the credit of the account of this state in the unemployment trust

fund, established and maintained pursuant to Section 904 of the act of congress known

as the Social Security Act, as amended ( 42 U.S.C. Section 1104 ), any provisions of law in this state relating to the deposits, administration, release

or disbursements of money in the possession or custody of this state to the contrary

notwithstanding. The benefit account shall consist of all money requisitioned from this state's account

in the unemployment trust fund. Except as herein otherwise provided, money in the clearing and benefit accounts

may be deposited by the treasurer, under the direction of the secretary, in any bank

or public depository in which general funds of the state may be deposited, but no

public deposit insurance charge or premium shall be paid out of the fund. Money in the clearing and benefit accounts shall not be commingled with other state

funds but shall be maintained in separate accounts on the books of the depository. D. All of the money not deposited in the treasury of the United States shall be subject

to the general laws applicable to the deposit of public money in the state; and collateral

pledged for this purpose shall be kept separate and distinct from any collateral pledged

to secure other funds of this state. E. The state treasurer shall be liable on the state treasurer's official bond for

the faithful performance of duties in connection with the unemployment compensation

fund provided for under this section. The liability on the official bond of the state treasurer shall be effective immediately

upon the enactment of this provision, and such liability shall exist in addition to

the liability of any separate bond existent on the effective date of this provision

or that may be given in the future. All sums recovered for losses sustained by the fund shall be deposited therein. F. All money in the clearing account established under this section is hereby appropriated

for the purpose of making refunds pursuant to Sections 51-1-36 and 51-1-42 NMSA 1978 , and all money in the clearing account not needed for the purpose of making the refunds

shall be immediately paid to the secretary of the treasury of the United States to

the credit of the account of this state in the unemployment trust fund, and the money

in the unemployment trust fund is hereby appropriated for the purposes of this section. G. Money shall be requisitioned from this state's account in the unemployment trust

fund solely for the payment of benefits and for the payment of refunds pursuant to Sections 51-1-36 and 51-1-42 NMSA 1978 in accordance with regulations prescribed by the secretary, except that money credited

to this state's account pursuant to Section 903 of the Social Security Act, as amended,

shall be used exclusively as provided in Subsection H of this section. The secretary shall, from time to time, requisition from the unemployment trust

fund such amounts not exceeding the amounts standing to this state's account therein,

as the secretary deems necessary for the payment of such benefits and refunds for

a reasonable future period. Upon receipt thereof, the treasurer shall deposit such money in the benefit account

and shall issue checks for the payment of benefits solely from such benefit account. Expenditures of such money in the benefit account and refunds from the benefit account

or the clearing account shall not be subject to any provisions of law requiring specific

appropriations or other formal release by state officers of money in their custody. All money shall be withdrawn from the fund only upon a warrant issued by the department

or its duly authorized agent upon the treasurer, and the treasurer upon receipt of

such warrants shall issue a check against the fund in accordance with the warrant

of the secretary. Any balance of money requisitioned from the unemployment trust fund that remains

unclaimed or unpaid in the benefit account after the expiration of the period for

which such sums were requisitioned shall either be deducted from estimates for, and

may be utilized for, the payment of benefits and refunds during succeeding periods,

or in the discretion of the secretary, shall be redeposited with the secretary of

the treasury of the United States, to the credit of this state's account in the unemployment

trust fund, as provided in Subsection C of this section. All money in the benefit account provided for hereinabove is hereby appropriated

for the payment of benefits and refunds as provided herein. H. Money credited to the account of this state in the unemployment trust fund by the

secretary of the treasury of the United States pursuant to Section 903 of the Social

Security Act may be requisitioned from this state's account or used only for: (1) the payment of benefits pursuant to Subsection G of this section; and (2) the payment of expenses incurred for the administration of the Unemployment Compensation

Law and the federal Wagner-Peyser Act; provided that any money requisitioned and

used for the payment of expenses incurred for the administration of the Unemployment

Compensation Law and the federal Wagner-Peyser Act must be authorized by the enactment

of a specific appropriation by the legislature that: (a) specifies the purpose for which such money is appropriated and the amounts appropriated

therefor; (b) limits the period within which such money may be obligated to a period ending

not more than two years after the date of the enactment of the appropriation law,

except for amounts distributed to the state of New Mexico on March 13, 2002 pursuant

to Section 209 of the federal Temporary Extended Unemployment Compensation Act of

2002; (c) limits the amount that may be obligated to an amount that does not exceed the

amount by which the aggregate of the amounts credited to the account of this state

pursuant to Section 903 of the Social Security Act exceeds the aggregate of the amounts

used by the state pursuant to this subsection and charged against the amounts transferred

to the account of this state; and (d) notwithstanding the provisions of Paragraph (1) of this subsection, money credited

with respect to federal fiscal years 1999, 2000 and 2001 shall be used only for the

administration of the Unemployment Compensation Law. I. Amounts credited to this state's account in the unemployment trust fund under Section

903 of the Social Security Act that are obligated for administration shall be charged

against transferred amounts at the exact time the obligation is entered into. The appropriation, obligation and expenditure or other disposition of money appropriated

under Subsection H of this section shall be accounted for in accordance with standards

established by the United States secretary of labor. J. Money appropriated under Subsection H of this section for payment of expenses of

administration shall be requisitioned as needed for payment of the obligations incurred

under such appropriations and, upon requisition, shall be deposited in the unemployment

compensation administration fund but, until expended, shall remain a part of the unemployment

compensation fund for use only in accordance with the conditions specified in Subsection

H of this section, notwithstanding any provision of Section 51-1-34 NMSA 1978 . Any money so deposited that will not be expended shall be returned promptly to the

account of the state in the unemployment trust fund. K. The provisions of Subsections A through J of this section to the extent that they

relate to the unemployment trust fund, shall be operative only so long as such unemployment

trust fund continues to exist and so long as the secretary of the treasury of the

United States continues to maintain for this state a separate book account of all

funds deposited therein by the state for benefit purposes, together with this state's

proportionate share of the earnings of such unemployment trust fund from which no

other state is permitted to make withdrawals. If and when such unemployment trust fund ceases to exist, or such separate book

account is no longer maintained, all money, properties or securities therein belonging

to the unemployment compensation fund of this state shall be transferred to the treasurer

of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit

and release such money, properties or securities in a manner approved by the secretary,

in accordance with the provisions of this section; provided that such money shall

be invested in the following readily marketable classes of securities; bonds or other

interest-bearing obligations of the United States and of the state; and provided

further that such investment shall at all times be so made that all the assets of

the fund shall always be readily convertible into cash when needed for the payment

of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment

compensation fund only under the direction of the secretary. 1

42 U.S.C.A. § 1321 et seq. 2

42 U.S.C.A. § 1103. 3

P.L. 91-373.